Family Medical Leave Act (FMLA) Explained by an Employment Lawyer
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- Опубліковано 10 чер 2024
- This video is about the Family Medical Leave Act (FMLA). What rights do employees have to a protected leave of absence?
CFRA Video - • California Family Righ...
FMLA Webpage - brobertsonlaw.com/fmla/
CFRA Webpage (For CA Employees) - brobertsonlaw.com/cfra/
How to Complain Properly at Work - • How to Complain at Wor...
Branigan Robertson is an employment lawyer in Southern California. His firm exclusively represents employees throughout California in lawsuits against their employers.
Visit his website at: brobertsonlaw.com
#FMLA #LeaveofAbsence #EmploymentLawyer
I had no idea it was illegal to prevent or stall the return of an employee from FMLA. I had it happen when pregnant, and a bank declined my dr note to not lift 20 lb+. A bank manager is very much a desk job with almost zero lifting of any kind. HR said my dr had to change the note to say I could return at full capacity, with no accommodations needed. Again, I had no idea this was illegal; just incredibly inflexible. Two yrs after, I was enjoying time home with my new baby, when a NYC labor lawyer contacted me to join a class action against the bank. Needless to say, the winnings were a godsend for me to be able to spend more time home with my child.
thats awesome fuckin ey
Hey Steve I had FMLA for the last couple years since I hurt my back due to my employer ignoring and fixing the equipment that I work with . I also take medicine for high blood pressure . When I started taking this medicine I felt it was too strong as it made my sleep very heavy . Well on a couple occasions I didn’t wake up in time and I used and exercise my FMLA rights telling my employer that my meds were the reason I was late as it put me into a deep sleep. I contacted my doctor and they changed the dosage amount . My boss did not except my answer and they went ahead and punish me by writing me up by giving me a couple awols. I feel that they are retaliating against me . There’s also some other things that have happen over the years since I’ve been working there over 20 plus years . I feel that they are ganging up on me now for any little thing . Let me know if you can help .
I just want to let you know that you are my role model! I have been working in HR for the past 7 years and currently hold a VP position. After watching your videos and your journey, I decided to apply for law school this spring. My goal is to become an employment attorney ( In Texas). You are amazing at what you do! Keep it up and keep posting these videos.
Employment Law in Texas? You are one brave and patient soul. Good luck!
The issue I had was the doctor refused to fill out FMLA paperwork for me. I was just finding out I was diabetic and my blood sugar and blood pressure were insanely high plus I have chronic back problems. I was also having really bad dizzy spells where out of the blue I’d feel like the whole room was spinning and all I could do was sit there with my head down and wait for it to pass. The doctors office told me FMLA wasn’t necessary, they would just give me doctors notes for the days I had appointments and that should be sufficient. So I was just showing up to work barely able to walk straight some days to keep from losing my job and praying none of those dizzy spells hit me on my ride to work which was about 1.5 hours due to the traffic. I eventually quit working all together but it would’ve been helpful to have FMLA to give me a chance to get my health on track without having to quit my job.
Did you ever look if you had Vertigo???
Sound like you need a set of doctors.
same happened to me. One doctor said that none of her patients needed more than two days to go back to work after surgery. I refused to go back to her after the post surgery visit. same experience from several doctors that refuse to even consider that I may need some time off so my body can properly heal. Retiring at the earliest even with a smaller pension. Health is everything.
Another common trend I see is doctors offices charging insane fees to fill out Fmla paperwork - I've seen fron $40, upto $150 cash fee before they'll file any paperwork.
@@FormerRuling I can kinda understand charging a fee as doctors are already very busy as it is, and filling out forms can really take up what little available time they have left at the office. Personally I would be surprised & a bit annoyed to pay a fee if asked, but I would gladly pay it as long as the doctor was willing to sign the forms. After just now reading numerous comments here and Reddit of people saying doctors are refusing their FMLA requests, it makes me even more discouraged about the state of U.S. healthcare these days.
Thank you for your leadership.
Thank you Branigan for another excellent educational video post on a topic that is relevant to so many people ,helping them to understand exactly what FMLA is about and for. Two thumbs up!
I can't believe all these questions, employers are getting away with a lot of wrong doing.
I applied for FMLA when I had surgery and treatment for cancer. My note specified that I would intermittent leave for cancer treatment with every last detail documented. HR questioned why I was labeling sick days as FMLA and I explained that it was for treatment, and I was told that I was approved for eight weeks for the birth of my child. My surgery was a hysterectomy. I was dumbfounded.
Mr. Robertson, I am very happy I qualified for FMLA for after effects of Covid-19. But getting approved for unemployment insurance is an absolute nightmare.
Just amazing content. Thanks so much.
Thank you for sharing 🙏🏾
Love the video and clarity of information.
Can you post an updated FMLA with the new families care act
Thanks. This was very helpful information.
Excellent explanation wish they had change the rules to make it paid leave for the COVID-19 pandemic maybe more people could have hung on to their jobs, insurance and their sanity.
I have FMLA , and I have a mental illness and a disability. It has cause me to be late by mere minutes on a few occasions . I am now going to be fired I feel. I have an appointment with management tomorrow morning. I’m scared .
They have given me points in my attendance for things lots of other people do . They gave me 2 points for being exposed to covid and being forced to go home.
What happened?
Good Job and thank you for all that good information
Gems! Thank you!!
I had never heard of FMLA at all until after I was fired and saw a lawyer about reviewing the severance offer. I would think most people do not know about it either, and that's why employers dare to fire people after they took the leave. Employers do not inform you about any laws that protect employee rights. So people need to get to know some of the laws on their own. The videos really help people know the laws available. I bet more and more lawsuits would come when people learn about the laws. More lawsuits would be a good thing for employees. Because employers don't regulate themselves and they need a counter balance to follow the laws.
OMG. I hope my attorney deals with my FMLA in this manner. I was never allowed to return to work after completing my FMLA.
Good luck! I was demoted due to “department restructuring”. I was the only one demoted.
you are the best!
I get FMLA every month. It's unpaid but its a God send
I just got approved for intermittent FMLA for when my terminally ill family member (cancer) needs me. My manager has a history of threatening to fire people for using intermittent FMLA on a regular basis. I welcome adversity that comes as a result of honoring God or my family.
I had 2 Surgery on my right hand the disability insurance only approved for 10 day its been on riview for extended approval since the 12 of January
Work for the VA. Was given FMLA for mental health by my physician in 2019. Handed in. No response. I went to union who also inquired about the FMLA. Was told that it was processing. Years later. Never heard a thing. Although I was definitely marked awol several times throughout the year. There were some serious issues that I was forced to deal with at work. Especially during covid. Now my mental condition has worsened severely.... what are my rights?
Hi, I'm not sure if you give your opinion on inquiries but worth a shot!
My husband is an FMLA qualified manager of a retail location. They offer 12 weeks paid parental leave which we understand will run concurrently with FMLA protections as long as he follows the rules on the PPL (30 day notice, time approved by district manager).
His district manager's boss (2 levels above him) asked my husband if he would be taking the PPL. He then said "I would rather you not" and proceeded to tell him he "might just have to" move him to a different store if he does. From what I read they have to restore the same or virtually identical job including location and pay including bonuses. This other store would be a 30 minute commute vs his current 5 min commute, and he would make less in commission if he was moved there because it's not as busy of a store even though the stores are the same "level".
Would this qualify as "virtually the same job" or would they be in the wrong to move him just because of taking FMLA?
Great video. Subscribed.
You should mention the employer must pay the employer portion of premiums...the employee still has to make arrangements to pay their portion...unless you are lucky and your employer pays 100% of premium.
Thank you for the great videos. As a union steward your videos are a great resource/
How does Unions help employees in these cases?
I'm a Union Steward also. I agree. These videos are a great resource.
My daughter has CF and there is a virus going around that WILL kill her. Does my wife have the right to use FMLA? If she is exposed at work there is no way to know until it is too late. So this is being used as a preventative measure to ensure my daughters well being.
I'd love to know more information on the Adoption/Foster Care portion of FMLA. We are planning to adopt through foster care in our state, and it is a requirement to take classes for several weeks and attend a few additional appointments in order to complete the licensing requirements and then receive a placement. We do not have a timeframe and will need intermittent leave for our state requirements, yet I don't see how a doctor's note will apply to this in any way!? I've searched high and low on the internet and have yet to find more information on this topic specifically. If anyone can point me in a direction, it'd be greatly appreciated. Thanks!
So, I was threated and retaliated against for using my FMLA and then they ended up following through the following week on some of the threats by changing my shift schedule and days off, do I have a case?
I am in new york and my job was forcing me to use my vacations time for my fmla and took it away from me told me i use up my 12 weeks in 3 weeks i do not know how i was on it from june 2020 to may 2021 i been fighting them for 2 months about to call a lawyer
Good stuff
GM Mr. Branigan
Question ;if my doctor filled out my medical form incorrect and I resubmitted it
Can HR.used the original date signed by my doctor ?
Because when my doctor corrected it ,dated that day and became a new date ? So that affected me. Please advise me thank you.
Tbh only learned about FMLA after dealing with a family member having a stroke(and by that time is was already halfway through the 1 month notification period)....
What if you providing all the documents needed for your fmla and they are requesting documents that you don’t have .. do they have the right to deny you ? And what happens to your job?
Is it required in Washington State Law for employees to pay on their payroll for FMLA ?
11:01 thank you!
What if someone takes a sick day, goes to doctor and doctor tell you to request FMLA application from employer, but you before you submit application, employer fires you on your sick day?
I have FMLA and my manager harasses me when I use FMLA, she has also accused me having it expired months prior, I complained to HR and was given in return a final warning..
Uh yeah, your manager was quite literally breaking the law for retaliating against you for using FMLA.
Sounds like an EEO
HR is not your friend. No matter what they tell you. Be careful what you say to them, and put everything in writing, nice and concise.
I’m experiencing the same thing right now with my employer. I have doctors notes extending my leave and they say tht my leave was approved until beginning of June. I’m on leave until mid July. They demand medical records every 2 weeks from primary care to approve my leave. It’s absurd. So right now, my leave is not approved and they asked me to contact hr
Was wondering if under FMLA the company is responsible for putting an employee back in their original position, or one of the same pay grade? After my leave of absence, the "only" position they had for me was an entry-level position, making almost $4 less per hour than the one I had before my leave of absence. When I agreed to take that position (because, really, what were my choices?), the department head sent me a text message saying how relieved they were that I took the position. After 3 months, I could not afford to work there anymore, and left saying such in an email.
They have to give you equal opportunity position smh sue them
What if your employer only has 4-5 employees? Do you have any legal rights?
I filed work comp claim. I was told to file fmla, so company denied my work vomp and now relying on fmla. Is that normal procedure when y ou file work comp that you file fmla as well?
What if the doctor's assistance doesn't want to extend the FMLA time to cover intermittent flare-ups of back problems that temporarily make it impossible for you to preform required duties? What if they want to require you to come back to them for treatment in the event of such a flare-up so they might re-submit another request after each occurrence?
What if I start working at a job and got pregnant 3 months into the new job. Should I wait until the year mark (even though it should be an advanced notice) to let my employer know?
If I have a return to work date and leave early against medical advice do I have to notify the company or just return on the original return to work ..date just wondering from fmla
My supervisor is giving me grief about being gone a total of 6 hours in 7 months for medical appointments. Wow…
What about the FMLA with ADA? Right now the full time they put me in Part time😭 my paperwork saying no more of 13hrs for day and before l work 12 hrs but they put me in 8/9.5 hrs por day😭
if i pay into old age survivor disability insurance (oasdi), from my paycheck, do i qualify for pfl if i meet the other requirements? im in ca.
I have an amazing question what if you can't get the hospital to fax the paperwork or answer any calls and by the time they do they claim HIPPA laws.. because they don't want to actually do their jobs to help.. what happens when there is a dilemma.. you tell your job but because they are already mad about something else they ignore your request..
What about Gout and FMLA? Can someone with gout be granted FMLA?
so has there been a change of employee count in FMLA from 50 to 20 or is it still the same as 50 or more employees in 75 Miles radius. thanks
Oh that’s a good question. With more companies making positions remote, we seem to have less legal protection if we move out of the immediate area. 😡
Paid time leave my employer Allied Universal don't want to pay me because i reassigned without giving them 2 weeks notice, impossible because i started same week. Can employee has the right after quitting receive paid time leave in New York?
Please show your website. Thanks
I have ongoing stomach issues. I took fmla. The hr woman starts loudly saying every medical test I had taken up to that point with her door open where everyone could hear. I did not produce this information and it was fairly embarrassing. I work with people who know my family. I had no intention of telling my kids or anyone who did not need to know. Now everyone knows. It has been extremely uncomfortable.
Health information is protected information. You might have a HIPPA violation there you could complain about. Not sure what that process is but that a-hole deserves some administrative terrorism for her big mouth.
Do you have to use all of your sick time and vacation time they forced me to and denied my FMLA when I had doctors notes from the beginning and gave me 1st infraction
Do you also help people with FMLA at the United States postal service
I'm a worker in California and under a CBA (Collective Bargaining Agreement).
I was injured on the job and took 2 months off last summer of '22 and another 2 months this last December and January.
Some symptoms of the injury is cropping up recently but not as bad as when it first started.
I'm having to do "sick calls" when when these symptoms happen and it's to the point where I'm starting to get warned of my attendance.
Went to HR today to ask for FLMA from to take to the doctor that's treating me and I was informed that my FMLA has been exhausted.
Is this still the case of the 12 week rule when it's an OJI? (On Job Injury)
You should be able to take workmans comp days, ask for a form
Can the insurance company that is paying your wage while you are gone request all copies of your medical records? Mine asked for that and it surprised me. The doctor filled out all the required paperwork.
No. I mean technically, they can "ask" but you're not required to provide them.
I'm pregnant now, And I did cerclage, rest till my delivery, no work nothing else,...so I was trying much time to apply for disability EDD, I got errors! IDk maybe they have my information during covid, but this is a new claim and a totally different claim, I heard most people have problems applying for this case, so please help me if you know any clue or trick! I need money and also I know I can't work after my childbirth for a while either. also, numbers all never answered, all go through voice mail, and in the end hang on you! Thank you!
I have W2 work and side business. May I run side business while I am getting paid for PFL?
When can the paternity father leave for
Flma…Mother is having child in a country 24 hrs by flight and I don’t have Pto/vacation left. Can I request my FLMA time to start on the due date not actual birth date ? I don’t know when it will be so
Can I start on due date and then notify employer of dob when it happens? Planning months out but need guidance
I need help pls🙏🏾🙏🏾🙏🏾 my job is unpaid leave and Minnesota do not have pay family leave or whatever.what do I do next? Am due in few weeks
I’m in Ohio. I have MS. To go on FMLA I was told I have to burn up all of my sick time first. Then I can go on FMLA. Is this true. I have a ton of sick time hous.
Could this be used for a covid-19 leave? I am an essential worker and was out for just over 3 weeks. I have been cleared to go back into work, but burned out most of my paid time off and now have none to use should anything else happen
I think they can demand you use paid time off anyway. But you still have 9 more weeks of FMLA if something else were to happen.
FMLA covers up to 3 months. That doesn’t mean if you use FMLA for 3 weeks that you can then later use it again for the remaining weeks.
First, you can use FMLA for covid. Once you have been cleared to return to work that FMLA case number is null. Unless you still suffer from the same condition and need additional time. Like for example: someone gets an FMLA for foot surgery, comes back to work, a day later they notice their foot is getting bad again and have to see the doctor again, they need to be home once again to rest or need additional treatment, then they can use the same FMLA case number for whatever time up to 12 weeks.
But each new condition you have requires a new case of FMLA. Now you have to be careful, because you have to have worked up 1200 hours in order to be elegible to use 12 weeks of FMLA consecutively.
Retired very good standings..
Great for Postal workers
Can an employee that gets paid 12 weeks from the employer file a claim with the state of CA to get paid for the same time they are getting paid by employer?
what if a person is pregnant, has complications, has a miscarriage and has medical documents for all of it, shouldn’t they be covered under FMLA? or is that different?
My employer keeps telling me that I'm required to file for FMLA if I miss more than 3 days of work. I have never heard of such in my 30 years being an employee of multiple corporations. Because for example, I may be sick on Monday with like a terrible headache and then Tuesday I'm like oh God I'm nauseated my head hurts worse maybe I should go and make sure like maybe I need a shot to help with a migraine or something stronger whatever. So I go to the emergency room and I'm out Tuesday so then Wednesday the ER is like okay go ahead and stay home take your medicine and recuperate so I do that. They asked me to bring in a letter that I'm fit to return to work which causes me to then have to go where to my primary care physician who has no dog in this fight as to me going to the ER so they're just basically looking at the paperwork that has I was seen in the emergency room I was treated what day what time and Etc they just look at that and go yeah I guess she was six and Sunday but they don't want to fill out smla paperwork because I went to the doctor or ER or Urgent Care and now I need to just show that it's okay for me to go back to work even though I work at home in my house. Well that causes further problems because you can't just call up your PCP and be like hey I need to come and urgently today because I need a return to work note they're like yeah that's not really our problem we have other patients wear booked so we can see you Thursday and you're like it's Friday I have to wait 4 days and see you guys next week yep send my employer won't let me return to work so then they're like oh will you you're going to miss too many days until you definitely have to get up in my way I'm like it's not my problem that you demand a letter for how did I know on day one that I was going to need day two or day three. I can understand needing a letter to show that I missed 3 days or more but this letter for that I was saying and a letter that it's okay for me to go back I've never had that problem before. I could understand if it was a worker's comp related thing or an accident that could impair my ability to do my job like Oh I'm a truck driver or I handle chemicals or whatever and I've had a head injury or something that can make them liable. But I sit at home in a computer chair doing math and there's nothing about my specific job assignment that I can't do any differently than me just sitting here being home when I'm healthy. The days that I'm sick is because I'm like oh my God I can barely concentrate I'm in pain you know I've had pneumonia three times since covid and have had real trouble this last time getting better and it's like I can't get the ER to fill out the FMLA paperwork that saw me, I was admitted to the hospital and the hospital floor and unit that saw me were like yeah feel that out either, and the PCP being like well I didn't admit you so the hospital should fill that out or your employer should be able to look at the fact that I was admitted in the hospital and I'm giving you the documents that say Hey jerks I was a man in the hospital on Tuesday Wednesday and Thursday I was just charged on Friday and hey I'm back at work on Monday like why why do I need to have a freaking two page form filled out just to tell you what's in papers that you can read but don't understand why electronic hospital records aren't the same as them filling out a form that is just regurgitation of information. I just get so frustrated that like I've never had this much problem with contacting FMLA so much and then they act dense like why you need it you were only out for 3 days I don't know that's my employer's done policy I don't mind and they act like this is like we don't do this like you you are out on a Tuesday and went back on Thursday why is that ethanol it's not a continuing or intermittent issue it's not like I had a heart attack and was out for like three or four weeks and you know it was sudden I wasn't in like a catastrophe a disaster I didn't spontaneously have some kind of rupture or you know I just felt sick couldn't breathe went to the doctor so have pneumonia here's more medicine take a day or two go back to work I don't understand why this is like a constant thing with them. Sorry this is so long but I'm so annoyed
I think this is very valuable information because most employees have cases, but let the company win the majority of the time because of lack of knowledge. The good companies don’t hassle their employees over FMLA. But I’ve seen it for myself that most managers don’t have the best interest of their employees. They will document all your errors on a daily basis and if you work in a office, I seen managers snoop around your desk to see what they can find. I think lawyers would make more money if they post more content like this so that employees know when to file a lawsuit.
My son is gonna have circumcision over seas. (Where I am from.) we have a ceremony and etc since we are Muslim. And doctor said it might take about 10 days or more for him to recover.
So can I use Fmla for it?
What about careing for an elderly parent or in-law?
The protection of the FMLA (and ADA) can be circumvented by corporate lawyers . My former employer literally had an entire law firm to handle their issues.
When they demoted me after I took FMLA, I hardly had the energy for day-to-day life. I didn’t have the energy to pursue legal recourse and I definitely didn’t have the money. Then the employer denied my long-term disability claim via a doctor who says I could work with chronic severe daily migraine.
So now I just tell everybody who asks me about the employer what happened. 😈
I will be out 6 weeks for a short term disability. Do I have to file for FMLA/CFRA? What if the doctor stated he/she is not filling any works. I do have a doctor’s note. Thank you 🙏
Doctors shouldn’t deny filling in the paperwork for FMLA you are paying them for their service.
That said, FMLA should cover the short term disability of 6 weeks.
If I am out longer then 12 weeks is my position still protected?
Is there someone like you in New York City?
I am waiting on my FMLA payment as we speak im approved and my landlord is going to kick me out. He said i have 48hrs. Because I haven't received the money. I live in Massachusetts does anyone know if this is legal. i got hit by a car as i was walking home from work.
Great information. What if you have more than one serious health condition? Do you need more than one FMLA packet?
No, you generally shouldn't need more than the one. I have had one packet per year for the past few years covering several chronic conditions. I use it to take intermittent leave as needed, sometimes a day and sometimes up to 5 consecutive days. After 5 days, my employer requires a new disability certificate to cover more extended periods from 6 to up to 60 workdays.
It depends on the company I guess because in my company if you have several serious conditions then you would need medical documentation to be filled out by the various physicians who work for each condition. For example lets say you have had major surgery and have severe depression (that impacts daily life and ability to come to work). We would ask the employee to fill out two medical documentation forms. One for the doctor handling the surgery and another for the physician/psychiatrist helping you to handle the depression.
Hopefully that's helpful
@@eRoTiCCrEaTiOnS Agreed.
do you know in attorney that can help me in nevada i asked for fmla paperwork and got terminated while on leave under a doctors sick note
I requested my 1095-C but my employer cannot give me a copy for it for 2 months now of waiting! I am becoming suspicious why. My password request to be able to log in and print my have not arrive at my home adress yet for almost longer waiting time than usual! Hmmmm. My request for accommodation has been significantly delayed like approx August 25, 2023 till now! What? Is is intentional or coincidence? Is this pattern a subtle insidious act of adverse action?
Can my employer force me to use PTO time I have yet to accrue during my FMLA time? They are telling me I will be forced to draw negative on my PTO time until anything I would accrue is gone.
Yes, your employer can require you to use any available PTO to pay any unpaid part of your FMLA. This would only apply if employees are required to use yet to be accrued PTO for non-FMLA absences. Most employers also require employees to use FMLA time while on short term disability, worker's compensations, or any other time off for a covered medical related issue.
Any reason why you are not advising people to contact their union rep if they want to make a complaint or give their employer something in writing? I have cases at my job where the attorney sent them back to us and go through the union first.
I am seeing that the 12wks are for Maternity leave. do dads to be get this same time as well. New dad to be here and just wanted to figure this out before i file.
They should. They do at my job.
Yes as long as the dad and mom don’t work for the same company. If you two did both you and your spouse would have to figure out which would take the leave.
I would of rather of been fired because now I can't file for unemployment since I'm on fmla. How do they expect people to make money and pay bills while on fmla?
FMLA is not a program to provide pay. It is intended to protect the jobs of employees who must miss work for a qualified medical condition or to care for a dependent with such a condition. Any pay would come from using available PTO or paid leave program such as short term disability or worker's compensation.
If I go back to work early, am I still allowed to take back off at any time during the 12 weeks?
No. FMLA that covers 3 full months must be taken consecutively.
If you have an FMLA that covers a chronic condition then your doctor has to dictate how much time you will be taking off and how many frequencies.
For example I have FMLA for migraines. I can take 8-12 hours twice a month.
I know this is a dumb question but is your employer allowed to call u while you’re on FMLA?
Can an employer Verbally request an FMLA recertification? Or are they required to have appropriate documentation?
Yep.
can you take FMLA 3 months after the baby is born?
Can an employee contact and manage their employees during medical leave? I have an employee who is constantly trying to manage her team while she's away.
Yes...most do..they are also still getting paid...it's still their job....
@@xochilsilva1357 They may or may not be getting paid, most of the time FMLA is unpaid, so any pay would most likely be coming from paid time off or disability benefits.
Does this apply to US territories?
Please help me. My job is doing me wrong and telling me that I don't qualify for the new FFCR-Act or the Emergency FMLA Act, because it has nothing to do with FMLA? They are saying I can't get help because i haven't been at my job for a year. But I've been there for 9 months. Me asking for leave because I have my child due to daycare closing. Is being denied by my HR Dept. They think I don't know the law. What should I do?
What happened 😳 with your situation
If you have been working for 9 months prior to asking for FMLA then you do qualify for FMLA leave to care for a child.
Call the labor department and put a claim against your employer. See how fast they approve you.
If my wife requested 12 weeks for child birth and they approved her 6 are they in the wrong?
Can you make a new video applying the pandemic.
Who determines "serious health condition" employer or provider? I'm asking because if a provider signs off the medical certification for it even if its voluntary, but requires you to travel out if state for a treatment that because of covid you are required to stay there for a certain duration of time, can your employer argue it is not serious?
I wonder too
No one other than a doctor can determine the seriousness of a condition nor the amount of time it requires to be treated. The employer can only act based on the contract of employment. I suggest you read your contract of employment and find out if your employer can laid you off for using more than 3 months of FMLA. But 3 months should not be the cause of a laid off or disapproved leave, as it is the law. You are entitled to 3 months of FMLA.
I commit sucid myself cuz work not treating me right , All every one her under paid , Hr mentioned me to fill FMLA , Afer I off for 9 weeks,, And doctor released to go back to work, I still waiting for my schedule!!!
Thanks for the information. How about a video on fmla abuse? I’ve seen a lot of employees abuse it and cause a burden on their coworkers. W
How about the wisdom tooth I only got 4 days sick day
After submitting medical certification from my provider my employer is requesting more medical info to grant me fmla. Can she do that if I don't want to give her more info about my medical condition?
Yes, they can to make sure they have enough information to approve/deny the claim. Example, we've had people turn in paperwork completed by chiropractors for back problems which is usually not sufficient for FMLA, so we requested they provide additional documentation of their condition from a medical doctor.
Careful, under the HIPAA law your direct supervisor or manager DO NOT need to know your medical condition. The FMLA should be processed by the FMLA coordinator or whoever is in charge of FMLA cases at your place of work.
There are FMLA forms that you can obtain and have your doctor fill out. Doctors usually know exactly what to put on the forms and these forms have the questions they need answers to si they should not be requesting additional documentation.
I had no idea that my intermittent fmla was going to get cancelled because of COVID 19 I remembered getting extended so I wouldn’t lose my job is what the hartford insurance person told me with the hospital taking the time to print out the paper work for me there was always a 2 to 3 month wating time either way two weeks went by and I was dropped! I was told it wasn’t the proper paper work so I lost my intermittent fmla with them knowing that I did not understand the what and the why it was over now I work with spinal stenosis and lost all my disc due to Degenerative Disc Disease it’s all about when will I give up and I’m not so I’m allways in constant pain and I live on pain killers but for how long I beleive the hospital is taking away all opiates then I’m done
when i was newly hired, they made me sign a document which basically states that we cant sue them and it seemed mandatory for us to sign it. Is this legal?
I would bet that the document you signed was called an "Arbitration" agreement. Under an arbitration agreement, you can still sue them, they are not immune to the law. But arbitration is not as good as a forum for employees as the normal civil court system. But you can definitely still sue.